(10) The following are entitled to become a party to
proceedings in which an application is made for an order under this
section:

(a) a creditor of a party to the proceedings if the creditor
may not be able to recover his or her debt if the order were
made;

(b) any other person whose interests would be affected by the
making of the order.

2 At the end of section 79A

Add:

(4) For the purposes of this section, a creditor of a party
to the proceedings in which the order under section 79 was
made is taken to be a person whose interests are affected by the
order if the creditor may not be able to recover his or her debt
because the order has been made.

(1) A financial agreement between 2 people, to the extent to
which it deals with:

(a) how, in the event of the breakdown of the marriage, all
or any of the property or financial resources of either or both of
them at the time when the agreement is made, or at a later time and
before the termination of the marriage by divorce, is to be dealt
with; or

(b) the maintenance of either of them after the termination
of the marriage by divorce;

is of no force or effect until a separation
declaration is made.

(2) A separation declaration is a written declaration that
complies with subsections (3) and (4).

(3) The declaration must be signed by at least one of the
parties to the financial agreement.

(4) The declaration must state that:

(a) the parties have separated and are living separately and
apart at the declaration time; and

(b) in the opinion of the parties making the declaration,
there is no reasonable likelihood of cohabitation being
resumed.

(5) In this section:

declaration time means the time
when the declaration was signed by a party to the financial
agreement (or last signed by a party to the agreement, if both
parties to the agreement have signed).

separated has the same meaning
as in section 48 (as affected by section 49).

5 After subsection 106B(4)

Insert:

(4AA) An application may be made to the court for an order
under this section by:

(a) a party to the proceedings; or

(b) a creditor of a party to the proceedings if the creditor
may not be able to recover his or her debt if the instrument or
disposition were made; or

(c) any other person whose interests would be affected by the
making of the instrument or disposition.